In re the Estate of Lusher

Wingate, S.

The fundamental question underlying the present application is one of the jurisdiction of this court.

The main proceeding is for a discovery of property of the decedent pursuant to the provisions of section 205 of the Surrogate’s Court Act. The answer denied possession of any property of the estate in an individual capacity and asserted that an agreement was entered into on February 23,1935, between the respondent and the decedent, whereby the parties stated an account of the transactions of the respondent in respect to the possessions of the decedent, and agreed that certain…